Patna High Court
Prince Kumar @ Khalnayak @ prince Kumar KhalnayakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to conditions.
Summary
The petitioner, Prince Kumar Khalnayak, was charged under Section 392 of the Indian Penal Code and Section 27 of the Arms Act for a robbery in which cash was snatched at gunpoint. He has ten prior criminal antecedents but contends that he was falsely implicated, not named in the FIR, and identified only through a co-accused's confession, with no material recovered from him. He was already in custody for another case at the time of the alleged offence. The State opposed bail, citing the seriousness of the offence and his criminal history. The Patna High Court, considering the circumstances of his implication and custody, granted bail subject to a cash bond and several conditions, including appearance in court and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the offences under IPC Sec 392 and Arms Act Sec 27 and his ten prior criminal antecedents
- Whether the petitioner’s claim of false implication and lack of material evidence warrants bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- arms act
- false implication
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80625 of 2025
Arising Out of PS. Case No.-216 Year-2023 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Prince Kumar @ Khalnayak @ prince Kumar Khalnayak S/O Avadhesh
Kumar Chaudhari R/O Village - Babupur Salakhanni, P.S- Dalsingsarai,
Distt.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Suruchi Anand, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Samastipur Muffasil P.S. Case No. 216 of 2023 instituted for the
offence under Section 392 of the Indian Penal Code and Section
27 of the Arms Act.
3. Prosecution case, in short, is that on 04.04.2023,
while two employees of Credit Access Gramin Ltd., Samastipur
were carrying Rs. 5,60,470/- to deposit at SBI Kashipur, four
unidentified miscreants on two motorcycles intercepted them
near Bhaichara Chowk, snatched the cash bag at gunpoint, and
fired in the air before fleeing.
Patna High Court CR. MISC. No.80625 of 2025(3) dt.11-02-2026
2/3
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 23.12.2024. Petitioner
bears ten (10) criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused. Nothing has been recovered from the conscious
possession of the petitioner. Petitioner was not even put on T.I.
Parade to ascertain his complicity in the alleged occurrence. It is
mainly submitted that at the time of occurrence, petitioner was
languishing in custody in another case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and manner of
petitioner’s implication, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
Patna High Court CR. MISC. No.80625 of 2025(3) dt.11-02-2026
3/3
amount each to the satisfaction of Court below/concerned Court
in connection with Samastipur Muffasil P.S. Case No. 216 of
2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) Petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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